Immunity from prosecution.

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Neither any officer of the Lake Wylie Marine Commission nor any enforcement officer or deputy enforcement officer of the Department of Natural Resources is subject to criminal prosecution when acting in his official capacity within his territorial jurisdiction for:

(1) failing to comply with statutes or regulations governing the operations of motor vehicles, watercraft, or aircraft;

(2) entering into private property, whether or not posted against trespassing;

(3) failure to comply with wildlife conservation and boating laws of this State as a necessary part of the investigation or enforcement effort in enforcing those laws.

The provisions of this section do not relieve the officers from the duty to exercise due regard for the safety of the public or protect them from the consequences of reckless, wilful, or wanton disregard for the safety of others nor liability for criminal prosecutions except as stated in items (1), (2), and (3).

HISTORY: 1987 Act No. 176, Section 11A; 1993 Act No. 181, Section 1258; 2000 Act No. 275, Section 2.


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